Landmarks Commission Ordinance

PART II CODE OF ORDINANCES
Chapter 2 ADMINISTRATION*
ARTICLE VI. BOARDS, COMMISSIONS AND COMMITTEES*

DIVISION 8. LANDMARKS COMMISSION*

*Cross reference(s) - Zoning, ch. 80.

Sec. 2-911. Purpose of division; declaration of policy.

The council finds and declares the present and future of the city are founded on the contributions of the past. Many of these contributions are exemplified in districts, sites, buildings, structures and objects. It is the intention of the city to preserve these items for their historic, cultural, aesthetic and architectural significance. Such preservation is necessary for the general benefit of the city to secure the foundations of the city as a part of the living community as a source of citizen identification and in appropriation for the city's heritage. Recent history has revealed that the absence of a preservation effort has resulted in the demolition, destruction and deterioration of those items now to be identified as historic landmarks and historic districts. Therefore, it is hereby declared as a matter of public policy that the protection, enhancement, perpetuation and use of districts, sites, buildings, structures and objects for their historic, cultural, aesthetic or architectural value is a public necessity, and is required in the interest of the prosperity and welfare of the people.
The purposes of this division are to:
1. Effect and accomplish the protection, enhancement, perpetuation and use of districts, sites, buildings, structures and objects which reflect elements of the city's historic, cultural, aesthetic and architectural heritage;
2. Safeguard the city's historic, cultural, aesthetic and architectural heritage as embodied and reflected in such districts, sites, buildings, structures and objects;
3. Enhance and stabilize neighborhood property values;
4. Encourage neighborhood conservation;
5. Foster civic price in the beauty and noble accomplishments of the past;
6. Protect and enhance the city's attraction to tourists and visitors and the support and stimulus to business and industry thereby provided;
7. Strengthen the economy of the city;
8. Promote the use of historic landmarks and historic districts for the education, enjoyment and welfare of the city;
9. Determine whether a building, structure, site, object or district has historic, cultural, aesthetic or architectural significance; and
10. Promote the safety, health, morals and general welfare of the city as a whole.

(Admin. Code 1967, § A6.120; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82)

Sec. 2-912. Establishment; membership; term of office; vacancies.

There is hereby created a landmarks commission, to be appointed by the mayor, and to be composed of nine members who shall be residents of the city and who shall serve without compensation. All members appointed should possess a demonstrated interest in, competence in or knowledge of historic preservation, and of the nine members there shall be at least one attorney, one architect, one person experienced as a real estate broker or appraiser, one person experienced in mortgage lending and one person knowledgeable in art history or architectural history or cultural development. In addition, the city manager, the director of city development and the director of public works shall serve as ex officio members without vote.
All appointments shall be for a term of three years, to expire on April 10 of the respective year; however, all members shall continue in office as such until the respective successors shall have been appointed and qualified. If appointed after commencement of the term, a member shall be deemed to have served from April 11 of the respective year. In the event of the death or resignation of any member, the mayor shall, within 60 days, appoint a successor to serve during the unexpired portion of the term in the same manner designated for the appointment of the predecessor member.

(Admin. Code 1967, § A6.121; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82; Ord. No. 59558, 6-26-86; Ord. No. 64879, 12-14-89)

Sec. 2-913. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Historic, cultural, aesthetic or architectural significance means that quality present in buildings, structures, sites, objects and historic districts which displays the integrity of location, design, setting, materials, workmanship, feeling and association that reflect the community's history, culture, aesthetic values and architecture, and that:

Are associated with events that have made a significant contribution to the broad patterns of our history;
Are associated with the lives of persons significant in our past;
Embody the distinctive characteristics of a type, period or method of construction, or that represent the work of a master or that possess high artistic values, or that as a district represent a significant and distinguishable entity whose components may lack individual distinction; or
Have yielded, or may be likely to yield, information important in prehistory or history.

Historic district means buildings, structures, sites or objects as designated by the city council as together having particular historic, cultural, aesthetic or architectural significance and limited in size to that area reasonable for the proper identification and maintenance of the district; except that a district designated because of a common thematic element of historic, cultural, aesthetic or architectural significance need not be limited to such an area.

Historic landmark means any single building, structure, site or object designated by the city council as having particular historic, cultural, aesthetic or architectural significance.

(Admin. Code 1967, § A6.122; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82)

Cross reference(s)--Definitions and rules of construction generally, § 1-10.

Sec. 2-914. Quorum; officers; meetings.

Five members of the landmarks commission shall constitute a quorum for the transaction of its business.
The mayor shall designate one member of the commission to serve as its chairman, and the commission shall create and fill by election any other offices it may deem necessary for effective functioning.
The landmarks commission shall meet regularly once a month and may hold any other special meetings as called by the chairman or a majority of its members.

(Admin. Code 1967, § A6.123; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82)

Sec. 2-915. Powers and duties.

The landmarks commission is authorized to conduct investigations to determine the existence of, the identity of and the location of buildings, structures, sites, objects and districts within the corporate limits of the city which should be safeguarded and preserved for posterity, and to recommend the designation of these buildings, structures, sites, objects and districts as historic landmarks and historic districts, and to thereafter approve or deny certificates of appropriateness for such historic landmarks or historic districts. Such investigation may be in response to an application presented to the commission, or may be taken up at the instigation of the commission, upon three members requesting an investigation of buildings, structures, sites, objects or districts.
The landmarks commission shall hold a public hearing and make recommendations regarding the designation of any historic landmark or historic district. Such recommendations shall be forwarded to the city plan commission. The city plan commission shall forward the landmarks commission's recommendation, along with its own, to the city council.
The landmarks commission is authorized to investigate any and all potential sources of funds with which to accomplish its authorized objectives and to advance the purposes stated in this division; to encourage the formation of foundations, trusts and other organizations for the advancement of such purposes and providing funds therefore; and to support and coordinate the efforts of any organizations dedicated to such purposes in acquiring real property or interest thereon for use of such historic landmark or historic district as may be established. The commission may assist in the preparation of studies, surveys or other projects detailing the historic, cultural, aesthetic or architectural significance of buildings, structures, sites, objects and districts, including tax certification under the Internal Revenue Code.
The landmarks commission is authorized to undertake any other activities as provided for by the city council in a duly passed ordinance.
The landmarks commission shall establish and promulgate rules and regulations relating to the provisions of this section.

(Admin. Code 1967, § A6.124; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82)

Sec. 2-916. Procedures for designation of historic landmarks or historic districts.

Application for designation of historic landmarks and historic districts shall be filed as designated by the landmarks commission. The application shall contain a legal description of the property and a statement describing its historic, cultural, aesthetic or architectural significance. A public hearing shall be held by the landmarks commission. Public notice of the hearing shall be published at least one time in the official newspaper doing the city's printing at least 15 days before such hearing. The notice shall state the time and place and general purpose of the hearing. At the public hearing, the landmarks commission shall make findings and conclusions regarding the designation of the historic landmark or historic district. In reviewing applications for local designation, the commission shall adopt the criteria used in determining eligibility for listing on the National Register of Historic Places. Furthermore, the landmarks commission shall consider the economic impact of designation of an historic landmark or historic district; in such consideration, the landmarks commission shall examine the economic viability of such designation and the economic effects of the designation on the immediately surrounding community. Five affirmative votes shall be required to constitute a finding that a building, structure, site, object or district has historic, cultural, aesthetic or architectural significance. This finding shall be the commission's recommendation for designation.
Upon recommendation for approval of an application for designation, the recommendation shall be forwarded to the city plan commission, which shall hold a public hearing. Notice requirements of subsection (a) of this section shall be applicable. If an application is not recommended for approval by the landmarks commission, the application shall not be forwarded, but such decision shall be considered to be a final administrative decision 30 days from the date of the notification of the commission's decision unless a rehearing is requested. If an application for a rehearing is denied or the application is still not recommended for approval, the decision shall be considered a final administrative decision on the date of the notification of the commission's decision.
The recommendation of the landmarks commission, accompanied by the recommendation of the city plan commission whether for or against designation, shall be forwarded to the city council in the form of an ordinance. The ordinance shall specifically define the historic landmark or historic district to be designated. Notice requirements of subsection (a) of this section shall be applicable.
The designation of an historic landmark or historic district by the city council shall be permanent or until such time as such designation is revoked. Revocation of designation shall pursue the same procedure as required by this section for designation. The failure to be designated by the city council for listing in the Kansas City Register of Historic Places is not necessarily a finding that the property or district proposed for such designation is lacking in any historic, cultural, aesthetic or architectural significance.
Immediately upon passage of an ordinance designating a particular site as an historic landmark or historic district, notice shall be sent to the codes administration department.
The landmarks commission may grant a rehearing if an application for such rehearing, which includes new evidence to be introduced for consideration of the commission, is made to the commission within 30 days of the date of the notification of the commission's original action. Only one application for a rehearing may be made in any case.

(Admin. Code 1967, § A6.125; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82; Ord. No. 59559, 6-26-86)

Sec. 2-917. Certificate of appropriateness.

Required. It shall be unlawful for any person to undertake exterior alterations or material changes visible from any public place to real property designated as an historic landmark or historic district, and no building or other permit shall be issued therefore, without first obtaining a certificate of appropriateness from the landmarks commission.
1. For the purposes of this section, the terms "exterior alterations" and "material changes" shall include but not be limited to:
  1. The construction, reconstruction, improvement, repair, removal, demolition or moving of any building, structure or utility.
  2. Site work, substantial landscaping, substantial planting plan, paving or any changes in the existing land surfaces of the property.
  3. The erection or placement of any sign.
2. The term "exterior alterations" or "material changes" shall not include:
  1. Work with respect to utilities, to the extent that no material change results in appearance or to the extent that visibility from any public place is not affected; or
  2. Ordinary and necessary maintenance which results in no material change in appearance, provided that the burden of proving application of any such exceptions shall in all instances fall upon that party asserting the applicability of such exception.
Submission of application. Any person desiring to undertake exterior alterations or material changes, including demolition, requiring a certificate of appropriateness as defined in this section, shall submit to the landmarks commission a specific statement of the work proposed, together with such details as the commission may require. Upon receipt of any application for a building or a demolition permit, the codes administration department shall forward the application to the landmarks commission with a statement indicating the project meets the building or demolition code requirements.
Criteria for review of application. Factors to be considered in review of applications are as follows:
1. In determining whether the changes proposed are detrimental to the architectural, cultural, historic or textural character of the real property designated as historic landmarks or historic district, or of other improvements therein, the commission shall consider whether the proposed changes are in accordance with the Secretary of the Interior's standards for rehabilitation.
2. In considering whether the erection of any sign should be permitted, the commission shall determine whether the placement, size, texture, style and materials thereof are compatible with the historic landmark or district.
3. In reviewing the application, the commission shall determine whether the work proposed is visible from any public place. This determination may be implied from the evidence presented at the hearing and the commission's action thereof and need not be set forth as a finding of the commission.
4. In evaluating claims of economic hardship, the commission may require documentation as may be set forth in its rules and regulations.
Review of application by committee. Review committees may be formed consisting of two or more members of the commission. If the proposed work is determined by the director of codes administration or an authorized representative of the director to be insubstantial in nature and scope, and a review committee concurs in that determination, and the committee finds the changes proposed are consistent with the provisions of subsection (e)(4)a of this section, a certificate will be issued. If the committee fails to agree that the proposed work is insubstantial in nature and scope, or that the changes are not consistent with the provisions of subsection (e)(4)a of this section, or if the applicant alleges economic hardship, then the certificate shall not be issued by the committee, and the application shall be placed before the commission.
Review of application by commission.
1. Public hearing required. The commission shall schedule a public hearing at a regular or special meeting to consider any application for work that has been determined to be substantial in nature and scope, and notify the applicant of such hearing.
2. Notice procedures.
  1. Publication. Public notice of the hearing shall be published at least one time in the official newspaper doing the city's printing, at least seven days before such hearing.
  2. Mailing.
    1. Notices of all hearings before the commission, whether for certificates of appropriateness or designation, shall be sent, by United States mail, postage prepaid, to the record owner of the subject property and all record owners within 185 feet of the perimeter boundaries of the subject property. The record owners shall be determined from the records of the city assessor's office. Failure to receive such notice shall not affect the validity of any hearing.
    2. The notice shall contain the following information: date of mailing, date and place of hearing, address of property which is the subject of the hearing, and purpose of such a hearing.
    3. All notices shall state the name, address and telephone number of the commission.
    4. The notices shall be mailed not later than seven calendar days preceding the meeting.
3. Appearance by representative of department of codes administration. When requested by the commission, a representative of the department of codes administration shall appear at hearings when certificates of appropriateness are considered.
4. Issuance or denial.
  1. If the commission shall find that the changes proposed are such as not to be visible from any public place; or that such changes are not detrimental to the architectural, cultural, historic or textural character of other improvements of the real property designated as historic landmarks or historic district; or that the changes are necessary to prevent or relieve an economic hardship, the commission shall issue to the applicant a certificate of appropriateness, stating in detail the work which has been approved, the approved materials, and the approved manner.
  2. If the commission shall find that such changes are visible from any public place and that such changes are detrimental to the architectural, cultural, historic or textural character of the real property designated as an historic landmark or in an historic district, or of other improvements thereto, the commission shall enter its order denying the certificate of appropriateness.
  3. The concurring vote of the majority of those present (a quorum being constituted) is necessary in order to issue or deny a certificate of appropriateness.
  4. The commission shall enter its order and shall record in writing its conclusions and the facts upon which its conclusions were based.
  5. In the event of a tie vote or the inability of the commission to act on an application under this section, the application shall be deemed to have been denied.
5. Expiration. A certificate of appropriateness shall expire 12 months after it is issued unless an extension has been granted. Extensions may be granted due to adverse weather or other circumstances delaying the work.
Denial of building or demolition permit on denial of certificate of appropriateness. If a certificate of appropriateness is denied, no building or demolition permit may be issued, nor shall any other work for which a certificate of appropriateness is required be undertaken, for a period of 18 months after the date the application is denied. A permit shall not be issued after 30 months from the date of the denial of the certificate of appropriateness.
Rehearing. The landmarks commission may grant a rehearing if an application for such rehearing, which includes new evidence to be introduced for consideration of the commission, is made to the commission within 30 days of the date of the notification of the commission's original action. Only one application for a rehearing may be made in any case.
Emergency repairs. If any emergency situation exists, temporary repairs required to prevent imminent damage to the structure may be authorized by the director of codes administration, subject to review by the commission. Within 48 hours after the repairs are made, the person making such authorized temporary repairs shall notify the director. If any work intended to be permanent was performed or is to be performed, a certificate of appropriateness must be obtained from the landmarks commission in accordance with subsection (d) or (e)(4) of this section, and the commission action thereon shall supersede the emergency approval.
Maintenance of historic buildings and sites.
1. Buildings and sites designated as local landmarks or within historic districts shall meet the minimum requirements of the property maintenance code and any other regulatory codes.
2. The landmarks commission may initiate complaints regarding violations of regulatory codes, including complaints with the department of neighborhood and community services, against a specific building that is in violation of the property maintenance code. The commission may seek to have any defects corrected or repairs made, so that such building shall be protected and preserved in conformance with the purpose of this section and the appropriate city code.

(Admin. Code 1967, § A6.126; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82; Ord. No. 54613, 12-20-82; Ord. No. 56591, 9-8-84; Ord. No. 59560, 6-26-86; Ord. No. 59961, 10-2-86; Ord. No. 63625, 3-2-89)

Sec. 2-918. Violation of division.

It shall be unlawful for any person, firm, association, corporation or trustee, or any other person or entity, to fail to perform any act required in any provision of this division.

(Admin. Code 1967, § A6.127; Ord. No. 54291, 10-28-82)

Sec. 2-919. Penalty.

Upon conviction of violating any provision of this division, punishment shall be as provided in section 1-17.

(Admin. Code 1967, § A6.128; Ord. No. 47281, 6-3-77; Ord. No. 54291, 10-28-82)

Sec. 2-920. Fees.

Certain fees are hereby established for filing of applications for designation of an historic landmark or an historic district, for issuance of a certificate of appropriateness, and for additional enumerated services:
1. Designation process:
  1. Historic landmark . . . $100.00. But, if the building has been previously listed in the National Register . . . $20.00
  2. Historic district . . . $100.00. Plus, per building . . . $100.00. Not to exceed a total of . . . $1,000.00. But, if the building has been previously listed in the National Register individually or as a part of a district . . . $20.00. Plus, per building . . . $20.00. Not to exceed . . . $200.00
  3. Amending historic district, per building . . . $100.00. Not to exceed a total of . . . $1,000.00. But, if the building has been previously listed in the National Register individually or as a part of a district . . . $20.00. Not to exceed . . . $200.00
  4. Research: 25 percent of the application fee; however, a research fee shall be deducted from the application fee if an application is filed.
2. Certificate of appropriateness . . . $25.00
3. Tax certification: Assistance in seeking U.S. Department of the Interior, Office of Archeology and Historic Preservation, certification for tax benefits under the Internal Revenue Code, per building . . . $200.00
4. National Register from:
  1. a. Historic landmark . . . $500.00. But, if an application for local designation has been previously made . . . $400.00
    b. Historic district . . . $750.00. Plus, per building . . . $150.00
The commission may waive all or part of any fee upon a showing of hardship.

(Admin. Code 1967, A6.129; Ord. No. 47281, 6-3-77; Ord. No. 54125, 7-1-82)